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The Real Estate School
Section2:
What the Real Estate
IndustryCan Learn from
‘Long Island Divided’
Risk Management inToday’s Real Estate Business
3.5 Hours of Continuing Education
Want a copy of
today’s
presentation?
EmailTracy Matroni and request the link
tmatroni@LCARonline.com
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 2
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 3
ForStarters...
Write your name on a piece of
paper or on the back of your
business card . . . . . . now use your other
hand to write your name
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 4
How did you feel?
Right-handed Left-handed
What is ‘Long
Island
Divided?’
Undercover fair housing investigation from
April 2016 to August 2017 by
 25 trained, undercover testers
 93 real estate agents tested
 240 hours of meetings secretly recorded
 5,763 house listings analyzed
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 5
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 6
NationallyRecognizedExpertsinFairHousing
‱ Co-founded the Fair
Housing Justice Center in
2004
‱ Led a national testing
program for the Civil
Rights Division of the
United States
Department of Justice
‱ Coordinated more than
12,000 fair housing tests
Fred Freiberg Robert Schwemm
‱ Professor of Law at the
University of Kentucky
College of Law
‱ Author of “Housing
Discrimination: Law and
Litigation”
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 7
ResultsofInvestigation
 Clear evidence of widespread separate and unequal
treatment of minority potential homebuyers and
minority communities
 The house hunting process revealed substantial
instances of steering and discrimination
 Long Island’s dominant residential brokerage firms
helped to solidify racial separations
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 8
Newsday’sMinorityTesters
Martine Hackett
Professor
Kelvin Tune
Federal Contractor
Jesus Rivera
Student
Ashley Creary
Actor
Johnnie Mae Alston
Retired State Worker
Lenora Smith
Nurse
Liza Colpa
Yoga instructor
Alex Chao
Actor
Eugene Cha
Actor
Nana Ponceleon
Actor
Niguel Williams-Easter
Actor
Payal Mehta
Actor
Pedro Jimenez
Programmer
Ryan Sett
Actor
Sarai Korpacz
Compliance Specialist
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 9
Newsday’sWhiteTesters
Cindy Parry
Attorney
Kimberly Larkin
Battista
Teacher
Brittany Silver
Actor
Steven Makropoulos
Actor
Gabriel Kennedy
Actor
Gretchen Olson Kopp
Consultant
Lizzy Lee
Actor
Richard Helling
Administrator
Anthony Congiano
Actor
Larry Samuels
Business Manager
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 10
PairedTesting
 Endorsed by federal and state courts, paired testing is recognized as the
sole viable method for detecting violations of fair housing laws by agents
 Example:
 Two testers separately solicit an agent’s
assistance in buying houses – one tester
is white and one is a minority
 Present similar financial profiles
 Request identical terms for houses
in the same areas
 Agent’s actions are then reviewed
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 11
As permitted by law, all tests were
recorded on hidden cameras to ensure
accuracy in describing interactions
between agents and customers *
NOTE: It is illegal in the State of Pennsylvania to
record audio of an individual without their consent
*
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 12
ResultsoftheInvestigation
40% of the tests subjected minority testers to disparate treatment when
compared with white testers
 49% of Black testers experienced disparate treatment
 39% of Hispanic testers experienced disparate treatment
 19% of Asian testers experienced disparate treatment
So what happened and what can we learn?
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 13
TheReport
 Watch it on
https://youtu.be/wqN-D3f49fE
 Read it on
https://projects.newsday.com/
long-island/real-estate-
agents-investigation/
Steering
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 14
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 15
SteeringinToday’sRealEstateMarket
 Blatant racial steering by real estate agents has largely receded from view
since the civil rights revolution
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 16
SteeringinToday’sRealEstateMarket
 In the absence of treatment that’s more overt, individual home seekers
will never have potentially any reason to suspect discrimination
Schools as the
Center of
Attention
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 17
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 18
FindingsAboutSchoolsDuringInvestigation
 In 86 paired tests (35%), many agents highlighted a schools perceived
quality when recommending -or- not recommending locations
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 19
FindingsAboutSchoolsDuringInvestigation
 Many agents gave opinions regarding schools
to some testers but not others
Review of
Actual Paired
TestCases
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 20
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 21
TheBlackExperience
An agent suggests five Plainview homes to a
white house hunter – but tells a black home
buyer that houses with the same market value in
that location are out of his price range
TEST
67
An agent takes a white customer on house
tours without requesting identification – but
asks a black house hunter to show ID
TEST
76
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 22
TheBlackExperience
An agent warns a white home buyer about gang
violence in Brentwood – but directs the black
house hunter toward the predominantly minority
community without mentioning this
TEST
96
An agent warns a white customer to avoid
investing in Freeport – but suggests the
predominantly minority village could be a good
choice for a black customer
TEST
45
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 23
TheHispanicExperience
An agent complains to a white house hunter
that fair housing laws bar him from warning
buyers away from certain communities, offers
the customer choices in predominantly white
areas and directs a Hispanic house hunter to
predominantly minority communities.
TEST
42
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 24
TheHispanicExperience
An agent tells a Hispanic house hunter that he helps customers
only after they sign an exclusive broker’s agreement and secure
mortgage preapprovals. The agent provides listings and tours to a
white house hunter without requiring either document.
TEST
78
An agent tells a white customer that he “might be more
comfortable in a certain demographic area,” says she is barred
from talking about demographics – but adds her colleague will
educate the customer, whom she describes as a “stand-up guy.”
TEST
87
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 25
TheAsianExperience
A white tester was warned that there are ‘a lot
of Asian people in Great Neck’ while making no
reference of the makeup of the ethnicity or race
of the location to an Asian tester
TEST
11
An agent directs a white tester away from
Huntington calling it a ‘mixed neighborhood’
and a ‘mini, mini United Nations’ but does
not mention it to an Asian tester
TEST
32
How to
Respond to
Real-life
Questions
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 26
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 27
Aretheschoolsinthisneighborhoodgood?
“School information changes year to year,
so it’s best to go straight to the source. You
can find plenty of information online or by
speaking with an administrator at the
school you’re considering.”
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 28
Aretheschoolsinthisneighborhoodgood?
(www.Niche.com) (www.GreatSchools.org) (www.NARRPR.com)
Restricted to NAR Members
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 29
Whatiscrimelikeinthisarea?
“There is plenty of information online
about crime data and trends in different
ZIP codes. As a real estate professional, I
know that statistics don’t always tell the
whole story and that neighborhoods can
vary widely, even within the same ZIP
code. I don’t see it as my role to make
determinations about public safety.”
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 30
Whatiscrimelikeinthisarea?
(www.SpotCrime.com) (www.AreaVibes.com)
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 31
Idon’twantaneighborhoodwithabunchofchildrenrunning
around. Canyouhelpmefindaplacewithnokids?
“Our MLS doesn’t identify neighborhoods
based on the number of children, so I don’t
have that data to share with you. If you’re
looking for a neighborhood with other
retirees, I can show you a home in a 55+
active adult community.”
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 32
Wewon’tsellourhousetothosetypeofpeople?
“As a real estate professional, it’s my job to
help you find the right buyer for your
home. That means finding someone who is
financially qualified to see the transaction
all the way to the closing table and getting
you the best price and terms I can for your
home. All citizens of the United States are
bound by fair housing laws that prohibit
discrimination in the sale or rental of
housing.”
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 33
TipsforWorkingWithBuyers
‱ Pre-qualification / initial meeting
‱ Choosing property to show
‱ Providing demographic data
(www.Census.gov)
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 34
TipsforWorkingWithSellers
‱ Listing property
‱ Choosing the buyer
‱ Love letters
5/23/2023 35
Whattodoifyouthinkyou’rebeingtested?
The Real Estate School of the Lancaster County Association of REALTORSÂź
‱ If you have prepared yourself ahead of time –
just relax and B-R-E-A-T-H-E
‱ Take good notes
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 36
WheninDoubt...
. . . always seek the
advice of your broker
or manager
Mid-year
Conference
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 37
May 2023
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 38
FairHousingTraining
‱ Required 2 hours of Fair Housing training every
3 years beginning in 2025
‱ Condition of membership
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 39
FairHousingTraining
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 40
“People generally see
what they look for, and
hear what they listen for.”
Harper Lee
Author of
To Kill a Mockingbird
5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 41
SOURCES
Brambila, AndreaV. “NARVotes to Require Fair HousingTraining for 1.5M Realtors.” Inman, 11 May 2023,
www.inman.com/2023/05/12/nar-votes-to-require-fair-housing-training-for-all-1-5m-realtors/.
Choi, Ann, et al. “Undercover Investigation Reveals Evidence of UnequalTreatment by Real Estate Agents.” Edited
by Arthur Browne, Newsday, 18 Aug. 2021, https://projects.newsday.com/long-island/real-estate-agents-
investigation/#open-paywall-message.
Murdock, Christy. “Avoid Fair HousingViolations: How to Respond to Sticky FAQs.” Inman.com, Inman News, 23
Feb. 2022, https://www.inman.com/2022/02/23/avoid-fair-housing-violations-how-to-respond-to-sticky-faqs/.

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What the Real Estate Industry Can Learn from Long Island Divided?

  • 1. The Real Estate School Section2: What the Real Estate IndustryCan Learn from ‘Long Island Divided’ Risk Management inToday’s Real Estate Business 3.5 Hours of Continuing Education
  • 2. Want a copy of today’s presentation? EmailTracy Matroni and request the link tmatroni@LCARonline.com 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 2
  • 3. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 3 ForStarters... Write your name on a piece of paper or on the back of your business card . . . . . . now use your other hand to write your name
  • 4. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 4 How did you feel? Right-handed Left-handed
  • 5. What is ‘Long Island Divided?’ Undercover fair housing investigation from April 2016 to August 2017 by  25 trained, undercover testers  93 real estate agents tested  240 hours of meetings secretly recorded  5,763 house listings analyzed 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 5
  • 6. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 6 NationallyRecognizedExpertsinFairHousing ‱ Co-founded the Fair Housing Justice Center in 2004 ‱ Led a national testing program for the Civil Rights Division of the United States Department of Justice ‱ Coordinated more than 12,000 fair housing tests Fred Freiberg Robert Schwemm ‱ Professor of Law at the University of Kentucky College of Law ‱ Author of “Housing Discrimination: Law and Litigation”
  • 7. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 7 ResultsofInvestigation  Clear evidence of widespread separate and unequal treatment of minority potential homebuyers and minority communities  The house hunting process revealed substantial instances of steering and discrimination  Long Island’s dominant residential brokerage firms helped to solidify racial separations
  • 8. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 8 Newsday’sMinorityTesters Martine Hackett Professor Kelvin Tune Federal Contractor Jesus Rivera Student Ashley Creary Actor Johnnie Mae Alston Retired State Worker Lenora Smith Nurse Liza Colpa Yoga instructor Alex Chao Actor Eugene Cha Actor Nana Ponceleon Actor Niguel Williams-Easter Actor Payal Mehta Actor Pedro Jimenez Programmer Ryan Sett Actor Sarai Korpacz Compliance Specialist
  • 9. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 9 Newsday’sWhiteTesters Cindy Parry Attorney Kimberly Larkin Battista Teacher Brittany Silver Actor Steven Makropoulos Actor Gabriel Kennedy Actor Gretchen Olson Kopp Consultant Lizzy Lee Actor Richard Helling Administrator Anthony Congiano Actor Larry Samuels Business Manager
  • 10. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 10 PairedTesting  Endorsed by federal and state courts, paired testing is recognized as the sole viable method for detecting violations of fair housing laws by agents  Example:  Two testers separately solicit an agent’s assistance in buying houses – one tester is white and one is a minority  Present similar financial profiles  Request identical terms for houses in the same areas  Agent’s actions are then reviewed
  • 11. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 11 As permitted by law, all tests were recorded on hidden cameras to ensure accuracy in describing interactions between agents and customers * NOTE: It is illegal in the State of Pennsylvania to record audio of an individual without their consent *
  • 12. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 12 ResultsoftheInvestigation 40% of the tests subjected minority testers to disparate treatment when compared with white testers  49% of Black testers experienced disparate treatment  39% of Hispanic testers experienced disparate treatment  19% of Asian testers experienced disparate treatment So what happened and what can we learn?
  • 13. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 13 TheReport  Watch it on https://youtu.be/wqN-D3f49fE  Read it on https://projects.newsday.com/ long-island/real-estate- agents-investigation/
  • 14. Steering 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 14
  • 15. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 15 SteeringinToday’sRealEstateMarket  Blatant racial steering by real estate agents has largely receded from view since the civil rights revolution
  • 16. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 16 SteeringinToday’sRealEstateMarket  In the absence of treatment that’s more overt, individual home seekers will never have potentially any reason to suspect discrimination
  • 17. Schools as the Center of Attention 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 17
  • 18. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 18 FindingsAboutSchoolsDuringInvestigation  In 86 paired tests (35%), many agents highlighted a schools perceived quality when recommending -or- not recommending locations
  • 19. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 19 FindingsAboutSchoolsDuringInvestigation  Many agents gave opinions regarding schools to some testers but not others
  • 20. Review of Actual Paired TestCases 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 20
  • 21. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 21 TheBlackExperience An agent suggests five Plainview homes to a white house hunter – but tells a black home buyer that houses with the same market value in that location are out of his price range TEST 67 An agent takes a white customer on house tours without requesting identification – but asks a black house hunter to show ID TEST 76
  • 22. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 22 TheBlackExperience An agent warns a white home buyer about gang violence in Brentwood – but directs the black house hunter toward the predominantly minority community without mentioning this TEST 96 An agent warns a white customer to avoid investing in Freeport – but suggests the predominantly minority village could be a good choice for a black customer TEST 45
  • 23. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 23 TheHispanicExperience An agent complains to a white house hunter that fair housing laws bar him from warning buyers away from certain communities, offers the customer choices in predominantly white areas and directs a Hispanic house hunter to predominantly minority communities. TEST 42
  • 24. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 24 TheHispanicExperience An agent tells a Hispanic house hunter that he helps customers only after they sign an exclusive broker’s agreement and secure mortgage preapprovals. The agent provides listings and tours to a white house hunter without requiring either document. TEST 78 An agent tells a white customer that he “might be more comfortable in a certain demographic area,” says she is barred from talking about demographics – but adds her colleague will educate the customer, whom she describes as a “stand-up guy.” TEST 87
  • 25. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 25 TheAsianExperience A white tester was warned that there are ‘a lot of Asian people in Great Neck’ while making no reference of the makeup of the ethnicity or race of the location to an Asian tester TEST 11 An agent directs a white tester away from Huntington calling it a ‘mixed neighborhood’ and a ‘mini, mini United Nations’ but does not mention it to an Asian tester TEST 32
  • 26. How to Respond to Real-life Questions 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 26
  • 27. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 27 Aretheschoolsinthisneighborhoodgood? “School information changes year to year, so it’s best to go straight to the source. You can find plenty of information online or by speaking with an administrator at the school you’re considering.”
  • 28. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 28 Aretheschoolsinthisneighborhoodgood? (www.Niche.com) (www.GreatSchools.org) (www.NARRPR.com) Restricted to NAR Members
  • 29. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 29 Whatiscrimelikeinthisarea? “There is plenty of information online about crime data and trends in different ZIP codes. As a real estate professional, I know that statistics don’t always tell the whole story and that neighborhoods can vary widely, even within the same ZIP code. I don’t see it as my role to make determinations about public safety.”
  • 30. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 30 Whatiscrimelikeinthisarea? (www.SpotCrime.com) (www.AreaVibes.com)
  • 31. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 31 Idon’twantaneighborhoodwithabunchofchildrenrunning around. Canyouhelpmefindaplacewithnokids? “Our MLS doesn’t identify neighborhoods based on the number of children, so I don’t have that data to share with you. If you’re looking for a neighborhood with other retirees, I can show you a home in a 55+ active adult community.”
  • 32. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 32 Wewon’tsellourhousetothosetypeofpeople? “As a real estate professional, it’s my job to help you find the right buyer for your home. That means finding someone who is financially qualified to see the transaction all the way to the closing table and getting you the best price and terms I can for your home. All citizens of the United States are bound by fair housing laws that prohibit discrimination in the sale or rental of housing.”
  • 33. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 33 TipsforWorkingWithBuyers ‱ Pre-qualification / initial meeting ‱ Choosing property to show ‱ Providing demographic data (www.Census.gov)
  • 34. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 34 TipsforWorkingWithSellers ‱ Listing property ‱ Choosing the buyer ‱ Love letters
  • 35. 5/23/2023 35 Whattodoifyouthinkyou’rebeingtested? The Real Estate School of the Lancaster County Association of REALTORSÂź ‱ If you have prepared yourself ahead of time – just relax and B-R-E-A-T-H-E ‱ Take good notes
  • 36. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 36 WheninDoubt... . . . always seek the advice of your broker or manager
  • 37. Mid-year Conference 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 37 May 2023
  • 38. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 38 FairHousingTraining ‱ Required 2 hours of Fair Housing training every 3 years beginning in 2025 ‱ Condition of membership
  • 39. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 39 FairHousingTraining
  • 40. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 40 “People generally see what they look for, and hear what they listen for.” Harper Lee Author of To Kill a Mockingbird
  • 41. 5/23/2023 The Real Estate School of the Lancaster County Association of REALTORSÂź 41 SOURCES Brambila, AndreaV. “NARVotes to Require Fair HousingTraining for 1.5M Realtors.” Inman, 11 May 2023, www.inman.com/2023/05/12/nar-votes-to-require-fair-housing-training-for-all-1-5m-realtors/. Choi, Ann, et al. “Undercover Investigation Reveals Evidence of UnequalTreatment by Real Estate Agents.” Edited by Arthur Browne, Newsday, 18 Aug. 2021, https://projects.newsday.com/long-island/real-estate-agents- investigation/#open-paywall-message. Murdock, Christy. “Avoid Fair HousingViolations: How to Respond to Sticky FAQs.” Inman.com, Inman News, 23 Feb. 2022, https://www.inman.com/2022/02/23/avoid-fair-housing-violations-how-to-respond-to-sticky-faqs/.